GENERAL TERMS AND CONDITIONS AND CUSTOMER INFORMATION

Status: 22.03.2021

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts you conclude with us as the provider (Kofferworld.de online-Vertriebs GmbH) via the website www.kofferworld.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use yourself is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By listing the respective product on our website, we already submit a binding offer to conclude a purchase contract under the conditions specified in the product description.

(3)  The purchase contract is concluded via the online shopping cart system as follows: 
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there. After accessing the "checkout" page and entering personal data as well as payment and shipping conditions, all order data will be displayed again on the order overview page.

If you use an instant payment system (e.g., PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung) as the payment method, you will either be directed to the order overview page in our online shop or initially redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.

Before submitting the order, you have the opportunity to review all information here again, make changes (also via the "back" function of the internet browser), or cancel the purchase. By submitting the order via the "buy" button, you legally accept the offer, thereby concluding the purchase contract.

(4) Your requests for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. Therefore, you must ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular, that it is not blocked by spam filters.

§ 3 Special agreements regarding offered payment methods

(1) Payment via Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is always made to Klarna:

• Invoice: The payment term is 14 days from the dispatch of the goods/ticket/or, for other services, from the provision of the service. The complete invoice conditions for the countries where this payment method is available can be found here: Germany.
• Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified at checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. Further information about installment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit for the countries where this payment method is available, can be found here (only available in the specified countries): Germany.
• Instant Transfer: Available in Germany. Your account will be debited immediately after placing the order.

The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. Accordingly, we forward your data to Klarna within the scope of initiating and processing the purchase contract for the purpose of address and credit check. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Further information and Klarna terms of use can be found here. General information about Klarna is available here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and according to the information in Klarna's Privacy Policy .

Further information about Klarna can be found here. The Klarna app can be found here.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies additionally:

a)  We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or security transfer is not permitted.

b)  You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice value; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c)  In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d)  We commit to releasing the securities due to you upon your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) Statutory rights of liability for defects apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.

(3)  If you are an entrepreneur, the following warranty provisions apply instead of the above:

a)  Only our own specifications and the manufacturer's product description are considered agreed as the condition of the item, but not other advertising, public endorsements, or statements by the manufacturer.

b)  In case of defects, we provide warranty at our discretion by repair or replacement. If the defect remedy fails, you may demand a reduction or withdraw from the contract at your choice. The defect remedy is considered failed after an unsuccessful second attempt, unless something else results especially from the nature of the item or defect or other circumstances. In case of repair, we do not have to bear the increased costs caused by transporting the goods from a location other than the place of performance, provided the transport does not correspond to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

- for damages culpably caused by us attributable to injury to life, body, or health and for other damages caused intentionally or by gross negligence;
- to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for goods that have been used for a building according to their usual use and have caused its defect;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 6 Choice of law, place of performance, jurisdiction

(1)  German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).

(2)  The place of performance for all services from the business relationships with us as well as the place of jurisdiction is our registered office, unless you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if the residence or habitual abode is unknown at the time of filing the lawsuit. The right to also call upon the court at another statutory place of jurisdiction remains unaffected.

(3)  The provisions of the UN Sales Law do not apply.

II. Customer information 

1. Identity of the seller

Kofferworld.de online-Vertriebs GmbH
Lange Str. 19
26122 Oldenburg
Germany
Phone: 0441 219 751 919
E-mail: info@kofferworld.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at http://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our general terms and conditions (Part I.).

3. Language of the contract, storage of the contract text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system  the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer by e-mail, which you can print out or save electronically.

4. Codes of conduct

4.1. We have submitted to the buyer's seal quality criteria of Händlerbund Management AG and, consequently, to the Ecommerce Europe Trustmark Code of Conduct, viewable at:
http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and
http://www.ecommercetrustmark.eu/the-code-of-conduct/

4.2. We have submitted to the code of honor of Trusted Shops GmbH, which can be viewed at the following link: http://www.trustedshops.de/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment modalities

6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective product description, are separately shown during the ordering process, and must be borne by you in addition, unless free shipping is promised.

6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which you must bear. Costs incurred for money transfer must also be borne by you in cases where delivery is made to an EU member state but the order was placed outside the European Union.

6.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective product description.

6.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery Conditions

7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not named by the entrepreneur or another person designated to carry out the shipment. 

If you are an entrepreneur, the delivery and dispatch are at your own risk.

8. Statutory Liability for Defects

The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). 

These GTC and customer information were created by the IT law specialized lawyers of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.